Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 20.23

Discovery from non-party

             (1)  If a party believes that a person who is not a party has or is likely to have, or has had or is likely to have had, in the person's control, documents that are directly relevant to an issue raised on the pleadings or affidavits, the party may apply to the Court for an order that the person make discovery of the documents to the party.

             (2)  An application under this rule must:

                     (a)  be served personally on the person; and

                     (b)  be accompanied by an affidavit:

                              (i)  stating the facts on which the applicant relies; and

                             (ii)  identifying, as precisely as possible, the documents, or categories of documents to which the application relates.

             (3)  A copy of the accompanying affidavit for an application must be served on each person on whom the application is served.

             (4)  In subrule (1), a reference to an affidavit is a reference to:

                     (a)  an affidavit accompanying an originating application; and

                     (b)  an affidavit in response to the affidavit accompanying the originating application.



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